RAVINDRA NATH TIWARI Vs. DIVISIONAL SUPERINTENDENT OF EDUCATION JABALPUR DIVISION

JUDGEMENT

(1.) THE petitioner, Ravindranath Tiwari, was appointed to the post of Lower Division Teacher in a Government School on 2nd September 1960. By order dated 25th January 1967, passed by the Divisional Superintendent of Education, Jabalpur Division the petitioner was promoted to the post of upper Division Teacher and was posted in the Middle School, Tendukheda district Damon. The petitioner was later made quasi-permanent by order dated 11th April 1972 on that post. However, by order dated 3rd July 1974 passed by the Divisional Superintendent of Education, Jabalpur Division, the petitioner was reverted to the post of Lower Division Teacher. The petitioner then filed the present petition under Article 226 of the Constitution challenging the order of his reversion.

(2.) THE respondents submit that the petitioner's promotion to the post of upper Division Teacher and the subsequent declaration that the petitioner was quasi-permanent on that post were invalid and void because the petitioner was promoted on the basis of a wrong seniority list which was prepared on a wrong interpretation of a statutory rule. It is further submitted that on the basis of his correct placement in the seniority list, the petitioner had no chance of being promoted and, therefore, he and many others like him were reverted. It is contended that the reversion of the petitioner does not amount to reduction in rank within the meaning of Article 311 of the Constitution. The respondents also point out that to mitigate the hardship, the Government has decided not to reduce the pay of the persons who were so reverted and the petitioner will be receiving the same salary which he was getting as Upper Division Teacher even after his reversion.

(3.) THE primary and middle schools in the State except in the Mahakoshal region were run by the State Government In the Mahakoshal region these schools were run by the local authorities. To bring about uniformity the government decided to assume the responsibility of providing teachers even in the schools run by the local authorities from 1st October 1963. The Madhya pradesh Local Authorities Schools Teachers (Absorption in Government Service) Act, 1963, was passed to enable the Government to implement this decision. Sections 5 to 8 of this Act provided for constitution of a screening committee for screening of teachers in the employment of the local authorities and for their absorption in Government service. Section 10 (2) of the Act enacted that "the conditions of service including the salary, scale of pay, leave rules etc. applicable to the absorbed employees shall be such as may be prescribed by the state Government. " Section 11 of the Act empowered the Government to make rules for carrying out the purpose of the Act. In exercise of the powers conferred by section 11, the Government made the Madhya Pradesh Local authorities School Teachers (Absorption in Government Service) Rules, 1964. Rule 12 of the said rules is as follows :